Frequently Asked Questions about Child Custody

There are two main types of child custody: legal custody and physical custody. Legal custody involves the right to make important decisions about the child’s life, such as health care and education. Physical custody refers to where the child primarily resides. Custody arrangements can be joint (shared between both parents) or sole (granted to one parent). In joint custody, both parents share responsibilities, while in sole custody, one parent has most of the decision-making power and the child lives with them.

Joint custody is an arrangement where both parents share legal and/or physical custody of their child. In joint legal custody, both parents make significant decisions about the child’s upbringing. In joint physical custody, the child splits time between both parents’ homes. While joint custody is often preferred to maintain both parents’ involvement in the child’s life, it requires strong communication and cooperation between the parents. Courts typically favor joint custody unless it’s not in the child’s best interest.

Sole custody means that one parent has the exclusive right to make decisions about the child’s welfare and, in the case of physical custody, the child primarily lives with that parent. The non-custodial parent may still have visitation rights or supervised visitation, depending on the circumstances. Courts may award sole custody if one parent is deemed unfit or if one parent is unable to provide a stable environment. Sole custody may also be temporary in some situations, pending future court evaluations.

Courts base custody decisions on the child’s best interests, considering several factors such as the child’s emotional and physical needs, each parent’s ability to provide a safe environment, and the relationship between the child and each parent. Additional factors include the child’s preference (if old enough), the stability of each parent’s home, and any history of abuse or neglect. Custody evaluations by a social worker or psychologist may also influence the decision in more complex cases.

In most states, a child’s preference is considered in custody decisions, but the weight given to their opinion depends on the child’s age, maturity, and ability to express their desires. Children typically need to be of a certain age (usually around 12-14) for their preferences to be seriously considered. However, the final decision still rests with the court, which will determine what is in the child’s best interests, even if the child expresses a preference.

If parents cannot agree on a custody arrangement, the case may go to trial, and the court will decide based on what is in the best interests of the child. Prior to trial, courts often encourage mediation to help the parents reach an agreement outside of court. If mediation fails, a judge will make the final custody determination, considering factors such as the parents’ living situations, each parent’s ability to care for the child, and the child’s well-being.

A custody agreement is a formal arrangement between parents regarding the physical and legal custody of their child. This agreement outlines visitation schedules, decision-making authority, and other important aspects of the child’s care. While parents can come to an agreement on their own, it must be approved by the court. If the parents cannot agree, the court will establish a custody plan based on the child’s best interests, and it will be enforced by law.

Yes, custody orders can be modified if there is a significant change in circumstances that affects the child’s well-being. This could include changes in a parent’s living situation, a parent’s health, or the child’s needs. A parent seeking a modification must demonstrate to the court that the change is in the child’s best interests. Temporary custody orders can also be modified on a short-term basis if needed, pending a full court hearing.

Visitation rights refer to the time a non-custodial parent spends with their child. Even if one parent has sole custody, the non-custodial parent is usually granted visitation rights unless there are concerns about the child’s safety. Visitation can be structured (scheduled) or unsupervised, depending on the circumstances. In some cases, supervised visitation may be required if the court determines the non-custodial parent is a risk to the child’s well-being. The goal of visitation is to maintain the child’s relationship with both parents.